These Terms of Use (“Terms”) are a legal contract between You and Nectar Sleep owned and
operated by Nectar Sleep Limited (“Us” or “Our” or “We”; collectively with You, “Everyone”)
and govern Your use of all the text, data, information, software, graphics, photographs and
more (all of which We refer to as “Materials”) that We and Our affiliates may make available
to You, as well as any products (“Products”) and/or services (“Services”) We may provide for
purchase through any of Our websites including but not limited to www.nectarsleep.co.uk (all
of which are referred to in these Terms as this “Website”). Our registered office is
at 100 Avebury Boulevard, Milton Keynes MK9 1FH and Our VAT registration
number is GB 303 8950 06
READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. USING THIS WEBSITE INDICATES
THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO
NOT ACCEPT THESE TERMS.
CHANGES.
We may alter the Materials and Services We offer You and/or choose to modify, suspend or
discontinue this Website at any time and without notifying You. We may also change,
update, add or remove provisions (collectively, “modifications”) of these Terms from time to
time. We will inform You of any modifications to these Terms by posting them on this
Website.
If You object to any such modifications, Your sole recourse shall be to cease using this
Website. Continued use of this Website following notice of any such modifications
indicates You acknowledge and agree to be bound by the modifications. Also, please know that
these Terms may be superseded by expressly-designated legal notices or terms located on
particular pages of this Website. These expressly-designated legal notices or terms
are incorporated into these Terms and supersede the provision(s) of these Terms that are
designated as being superseded.
GENERAL USE.
We invite You to use this Website for individual, consumer purposes (“Permitted Purposes”).
In these Terms we are granting You a limited, personal, non-exclusive and non-transferable
license to use and to display the Materials; Your right to use the Materials is conditioned
on Your compliance with these Terms. You have no other rights in this Website or any
Materials and You may not modify, edit, copy, reproduce, create derivative works of, reverse
engineer, alter, enhance or in any way exploit any of this Website or Materials in any
manner. If You make copies of any of this Website while engaging in Permitted Purposes
then We ask that You be sure to keep on the copies all of Our copyright and other
proprietary notices as they appear on this Website.
You must only use this Website and anything available from this Website for lawful purposes
(complying with all applicable laws and regulations), in a responsible manner, and not in a
way that might damage our name or reputation or that of any of our affiliates. If You breach
any of these Terms the above license will terminate automatically and You must immediately
destroy any downloaded or printed Materials (and any copies thereof).We cannot guarantee the
continuous, uninterrupted or error-free operability of this Website. There may be times when
certain features, parts or content of the Website, or the entire Website, become unavailable
(whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us,
in our sole discretion, without notice to you. You agree that we will not be liable to
you or to any third party for any unavailability, modification, suspension or withdrawal of
the Website, or any features, parts or content of the Website.
We may change the format, features and content of this Website from time to time. You agree
that your use of the Site is on an ‘as is’ and ‘as available’ basis and at your sole risk.
Whilst we try to make sure that content on the Site consisting of information of which we
are the source is correct, you acknowledge that the Website may make content available which
is derived from a number of sources, for which we are not responsible. In all cases,
information on the Website is not intended to amount to authority or advice on which
reliance should be placed. You should check with us or the relevant information source
before acting on any such information.
We cannot and do not guarantee that any content of the Website will be free from viruses
and/or other code that may have contaminating or destructive elements. It is your
responsibility to implement appropriate IT security safeguards (including anti-virus and
other security checks) to satisfy your particular requirements as to the safety and
reliability of content.
We reserve the right to cancel or amend any order placed that is affected by a
technical issue onsite eg. Pricing Errors or similar.
USING THIS WEBSITE AND THE WEBSITE’S SERVICES.
We appreciate You visiting this Website and allow You to visit the Website without
registering with Us. By using this Website, You represent, acknowledge and agree that
You are at least 18 years of age.
ORDERING AND AVAILABILITY
Details of the Products and Services available to buy from us are set out in more detail on
the Website.
Products and Services may be ordered by clicking on the Products and Services you wish to
purchase and then following the prompts that appear on-screen. You may check and correct any
input errors in your order up until the point at which you submit your order to us by
clicking the “Add to Cart” button on the checkout page.
After placing an order, you will receive an acknowledgment from Us that We have received
your order and giving you an order reference number. Please note that this does not mean
that your order has been accepted. Your order constitutes an offer to Us to buy the
Product(s) and Service(s) ordered. All orders are subject to acceptance by Us. We are not
obliged to accept your order and may, at our discretion, decline to accept any order. You
do, however, acknowledge that by clicking on the Add to Cart button, you enter into an
obligation to pay for the Product(s) and Service(s). Where We accept your order, We will
confirm such acceptance by sending you a confirmation that your order has been dispatched
(Order Confirmation). The contract between you and Us in relation to the Product(s)
and Service(s) ordered (Contract) will only be formed when We send you the Order
Confirmation. After entering into the Contract, We will be under a legal duty to supply you
with goods that are in conformity with the Contract.
The Contract will relate only to the Product(s) and Service(s) which have been confirmed in
the Order Confirmation. We will not be obliged to supply any other Product(s) and Service(s)
which may have been part of your order until such Product(s) and Service(s) have been
confirmed in a separate Order Confirmation.
Whilst We use reasonable endeavours to carry sufficient stock, if your order includes any
Product(s) not available from stock, We will contact you to ask if you would like us to
substitute appropriate similar Product(s) (if any) which We may suggest or whether you would
prefer to wait for the Product(s) you ordered to come into stock or to cancel your order.
We are not obliged to match the price of Nectar items where purchases have been made on 3rd
party websites. As such, If you have purchased a Nectar product from one of these sites you
are deemed a customer of that website and we advise you to contact them directly for any
assistance needed.
Your Order Confirmation is your VAT Invoice. Please keep it safe as this is your
receipt.
DELIVERY AND INSTALLATION
For our Free Delivery service, we will arrange for the
Product(s) ordered to be delivered direct to your door, and removal of existing mattress
(for a £45 fee, one mattress collected, for each mattress delivered). Mattress collection
will be scheduled Monday-Friday only. Once your old mattress has been removed, it cannot
be recovered and returned to you as it has been recycled. The £45 Old Mattress Removal fee
is non-refundable.
If the delivery/installation address is geographically
remote, for example certain outlying islands or other isolated locations, it is possible
that We may not be able to deliver there. If that is the case, we will notify you as soon
as possible. Orders cannot be delivered to PO Box or similar addresses. If your delivery
address is outside of our 48 hour network, we will contact you directly to advise of this
via Email. Our carriers, BJs Home Delivery will then be in touch with you directly with
available delivery dates that you will be able to select from.
Where delivery is free, delivery will be to the doorstep of
the property at the given address. If, at your request, the Products are taken anywhere
else on the property when delivered, then we and any third-party contractor will not be
liable for any damage to fixtures, fittings or the structure of the property (to the
extent possible under applicable law). We accept no liability for the conduct of Delivery
Partners when delivering Nectar Products.
When placing your order for Product(s) you will need to add
in your contact details. These details will be used to send you tracking information, to
advise you of the amended delivery timeframe if your delivery address falls outside of our
48 hour network. We will also use it if we need to clarify any of the information provided
from the point your order has been placed.
Where delivery is to a Room of Choice (cost £25 per
mattress) by BJs Home Delivery. Due to Health & Safety restrictions, the Delivery Team
can only deliver up to the 2nd floor of a building or home if there is no lift available.
Anything above this level may not be honoured and is down to the discretion of the
delivery team. Delivery will be made by two
persons to a room of your choice inside the address. We request that Room of Choice
deliveries are taken by an adult. If you wish for a minor to take the delivery, please be
aware that BJs Home Delivery staff will enter the property to carry out their duties. We
accept no liability for the conduct Delivery partners conduct when delivering Nectar
Products.
On the day of delivery, you will need to make sure that you, or somebody authorised by you,
will be present and available at the delivery address throughout the delivery and until the
appointment is concluded. The courier may take a picture of the item/s in your home as proof
delivery has been completed. If, for any reason, you are unable (or likely to be unable) to
keep the scheduled appointment, you must contact Us, as soon as possible and, in any event,
at least 24 hours in advance, on 0203 807 1096 or via email on hello@nectarsleep.co.uk.
so that we can review the options in re-arranging your delivery.
If you give us less than this minimum notice, we reserve
the right to charge a reasonable additional fee (which we will advise you of at the time)
to cover the cost of rescheduling the appointment.
You confirm that you are authorised to permit the
product(s) to be delivered to the provided address and have the necessary consent of any
third party (for example, the landlord, if you are not the owner).
We accept no liability for any damages or injuries
caused by transporting the Mattress to the desired room. Reasonable care must be
exercised, where possible, 2 people should carry the mattress at all times.
We accept no liability for any consequential losses
incurred in relation to you waiting for a delivery (including, but not limited to, time
taken off work to wait for a delivery, whether or not the delivery occurs).
RISK AND OWNERSHIP
The Product(s) ordered will be at your risk from the time of delivery. Ownership of the
Product(s) ordered will also pass to you at the same time, provided full payment of all sums
due in respect of the Product(s), including any delivery/installation charges, has been
received.
PAYMENTS.
All prices include VAT. The cost of standard delivery will be automatically added (at the
cost shown) to the total amount of your order when you view your selected Products and
Services in your shopping basket.
Payment for all orders must be made by credit or debit card on the “checkout” page. We
accept payment by most major credit and debit cards.
You should be aware that online payment transactions are subject to validation checks by
your card issuer and we are not responsible if your card issuer declines to authorise
payment for any reason. Please note, it is possible that your card issuer may charge you an
online handling fee or processing fee. We are not responsible for this.
Making a Finance complaint
We endeavour to provide you with an excellent customer service however we acknowledge that, at times, we may fail to meet your expectations. Should you be dissatisfied with the provision or our failure to provide a financial service to you, you can make a complaint through any of the below channels:
What to expect from us?
We try to resolve complaints as soon as possible. Should we resolve your complaint by the close of the third business day following the day on which we receive your complaint, we will issue you with a written communication called a summary resolution communication acknowledging that you made a complaint and setting out that the complaint has been resolved and making you aware of your right to refer the complaint to the Financial Ombudsman Service should you be dissatisfied with the resolution.
Should we consider that we are not able to resolve the complaint by the close of the third business day, we will issue you with a written complaint acknowledgement within 24 hours (Mon-Fri or 48 hours Sat-Sun). Thereafter, we will investigate your complaint in order to reach a fair resolution. Please note that investigating your complaint may require us to contact you in order to obtain further information about your complaint and the allegations raised.
We endeavour to issue you with a written final response within 8 weeks of our acknowledgement.
What options do you have should you be dissatisfied with our final response?
Should you be dissatisfied with our final response, you have the right to refer your complaint to the Financial Ombudsman Service (‘FOS’). The FOS is an independent body established to settle disputes between UK-based financial companies and consumers. You are able to refer your complaint to the FOS on any of the below contact details:
It is to be noted that complaints must be referred to the FOS within six months of receiving a final response or a summary resolution communication.
You can find out more about the FOS by visiting https://www.financial-ombudsman.org.uk/.
NECTAR MATTRESS CANCELLATIONS, RETURNS AND REFUNDS UNDER NECTAR SLEEP'S 365 NIGHT
TRIAL
You may cancel an order any time prior to dispatch. You may
return any of Your Products for a full refund (not including at any time within 365 days
after delivery of such Product), provided that Your return meets the conditions
herein. Refunds will be issued in the form of the original payment. If You purchased
a product using an Offer Code (as defined herein), the monetary value of the Offer Code
will not be refunded or credited back if any or all products are returned.
If You wish to return any Mattress Product/s You purchased
from Us within 365 days after You received such Mattress Products, please contact Customer
Service by email at returns@nectarsleep.co.uk or by telephone at
0203 807 1096 to arrange for the
return. Once the Products have been returned and if such Products fulfil the terms
and conditions herein, You will be refunded the entire amount paid for such Products less
(i) any offer code, previous refunds or other discounts,(ii) room of choice delivery
and/or mattress removal fee.
The following conditions apply to all product returns and
no returns will be accepted if the products do not meet these conditions:
- You must have had your
mattress for at least 30 days, which is the adjustment period.
- To return, the Mattress or
products must be in good condition with no stains, tears or signs of
wear. Only normal wear and tear accepted (at Our discretion).
-
You must provide us with a
clear photograph/s that depict the condition of the mattress you wish to return via
email. These images must be provided to us before the 365 day trial has ended.
- The Fire Safety Verification
tag must still be attached to the Nectar Mattress.
- Product/s must have been used
only for its intended purpose.
- The maximum time limit for the
Mattress to be compressed within the vacuum packaging is 90 days.
- Any Return request must
be raised and completed before your 365 Night Trial has ended (The 365
Night Trial starts on the day of delivery).
- If you contact us for a Return
and your mattress is not confirmed for collection within 14 days of the date of your
first contact, you will need to restart the Returns process.
- Our collections are undertaken by our collection partners. If they attend your property
and refuse the collection of your mattress due to its condition, this decision is final
and we will not accept the return and we will not refund your mattress.
- The maximum number of collection attempts we will make is 3.
- If your order is missing any items, this must be reported to us within 14 days of the
delivery date.
- You (and anyone else at Your
shipping address) may return a maximum of one (1) of each particular product per
shipping address.
-
Forever Warranty & 365
Night Trial is available as long as the Mattress is within the UK Mainland.
- Please be aware that we will
only process your refund once we have received your item or our partners have confirmed
receipt. Your refund may take up to 14 days.
- We are not liable and cannot
take responsibility for, any bank charges that you may incur during the refund
process.
The following format can be used to advise us of your
intention to cancel/return any item/s and can be emailed to the address provided:
To: Nectarsleep
100 Avebury Boulevard
Milton Keynes
MK9 1FH
United Kingdom
0203 807 1096
hello@nectarsleep.co.uk
I/We [*] hereby give notice that I/We [*] cancel my/our [*]
contract of sale of the following goods [*]/for the supply of the following service
[*],
Ordered on [*]/received on [*],
[*Your] Name of consumer(s),
[*Your Delivery] Address of consumer(s),
Signature of consumer(s) (only if this form is notified on
paper),
Date
[*] Delete as appropriate
EXCHANGES
We do not directly exchange one Nectar mattress for another. We would follow our usual
Returns process to arrange collection of the unwanted mattress, you would be fully
refunded once this has been completed. Once we have refunded you will be able to purchase
the alternate mattress.
NECTAR SLEEP FOREVER WARRANTY
The full detail of our Forever Warranty is hosted on our Warranty page. Click
here to view.
NECTAR NON-MATTRESS PRODUCTS CANCELLATIONS, RETURNS AND REFUNDS.
You may cancel a Non-Mattress (Accessory) product
(Non-Mattress Products are Mattress Protectors, Bedding, Duvets, Pillows, Sofa Bed, Bed
Frames) order any time prior to dispatch. If you change your mind or the product is
faulty in any way You may return any of Your Products for a full refund , provided that
Your return meets the conditions herein. Refunds will be issued in the form of the
original payment. If You purchased a product using an Offer Code (as defined herein), the
monetary value of the Offer Code will not be refunded or credited back if any or all
products are returned.
If You wish to return any Accessory Product/s You
purchased from Us within 30 days after You received such Mattress Products, please contact
Customer Service by email at returns@nectarsleep.co.uk or by telephone
at 0203 807 1096 to arrange for the return.
Once the Products have been returned and if such Products fulfil the terms and conditions
herein, You will be refunded the entire amount paid for such Products less (i) any offer
code, previous refunds or other discounts,
The following conditions apply to all product returns and
no returns will be accepted if the products do not meet these conditions:
- For all Non-Mattress products,
if you advise us you wish to return your unopened product, that is unopened or opened
but unused, within 30 days of arrival, we will fully refund you for the cost of that
item once we have received it back.
- Please be aware that we will only process your refund once we have received your item or
our partners have confirmed receipt. Your refund may take up to 14 days.
- Non-Mattress products are
covered by a 2 year defect warranty. Your 2 years begins from the day of
delivery.
NECTAR BED BASES
You may cancel an order for any Bed Base at any time prior
to dispatch. You may return any of Your Products for a full refund (not including at
any time within 2 years after delivery of such Product), provided that Your return meets
the conditions herein. Refunds will be issued in the form of the original payment.
If You purchased a product using an Offer Code (as defined herein), the monetary value of
the Offer Code will not be refunded or credited back if any or all products are
returned.
- You can return the Bed Base to
us any time within 30 days of receiving the item
- In order for us to collect the
unwanted/cancelled Bed Base, it must be unassembled and re-packaged into the boxes it
arrived in (as best you can)
FAULTY PRODUCTS
If any Product you order is damaged or faulty when delivered to
you or develops a fault and/or is defective, you may have one or more legal remedies
available to you, depending on when you make Us aware of the problem, in accordance with
your legal rights. If you believe a Product was delivered damaged or faulty, has developed
a fault you should inform Us within 14 days, preferably in writing (email
to: hello@nectarsleep.co.uk), giving your name, address and order
reference. Nothing in this section affects your legal rights.
THE NECTAR REFURBISHED MATTRESS
Nectar renews undamaged and returned mattresses from the trial period. Each mattress is
quality checked for any damage and the mattress cover is then replaced, leaving the mattress
as good as new. Because these mattresses are refurbished and discounted they do not have a
365 Night Trial. They have a 10 Year Warranty against any defects in workmanship or
materials. The mattress will not be compressed on delivery and will arrive fully inflated
covered in a protective plastic layer. Returns on this product will only be accepted during
the 14 day cooling off period should the mattress remain unopened. There are no free pillows
with this mattress.
NECTAR SLEEP REFER A FRIEND PROGRAM
The full details of our Refer a Friend program can be found on our Terms and Conditions
page, Click here to
view.
NECTAR BUNDLES OFFER – TERMS & CONDITIONS
- Products ordered within the
offer must be purchased within the valid offer period but can be despatched at any date
permitted by the Delivery Calendar.
- This offer can be used
multiple times within the offer period. The offer cannot be used in conjunction with any
other offer discounts.
- If the items in your shopping
basket qualify for the relevant offer, this discount will already be applied at
checkout
- Products supplied in the offer
are subject to availability.
- Items ordered may be shipped
separately, and delivered by different couriers.
- 365 Trial only applies to the
mattress.
- Non-mattress items have a 2
year warranty and 14 day return for unopened or opened and unused products.
- Nectar Sleep reserves the
right to cancel, change or extend the offer at any given time.
- There are no cash alternatives
to the offer. Promotions cannot be backdated or applied retrospectively to orders
already Placed.
- If the Nectar Mattress is not
for you and wish to return it, your refund would consist of a percentage of the total
paid for your bundle (based on the specific bundle purchased).
- Offer valid from 00:01am
Wednesday November 11th 2020
OFFER CODES.
From time to time, We may provide offer codes (“Offer Codes”) through various
communications and advertising channels that are redeemable towards a purchase on the
Website, while supplies last, and subject to certain product exclusions or any other
restrictions as determined and communicated by Us in Our sole discretion. Only valid
Offer Codes provided by Us and fulfilling the terms of such Offer Code will be honoured at
checkout. Offer Codes supplied by a third party unauthorised to provide such Offer
Codes by Us will not be considered valid. Each Offer Code is non-transferable and
valid for single use on an item as provided in the terms and in Our sole discretion. Offer
Codes cannot be used towards VAT. The Offer Code must be provided in the applicable box at
checkout when purchasing the product. We are not responsible for lost, stolen or corrupted
Offer Codes or any unauthorised use of the Offer Codes. Offer Codes cannot be redeemed for
cash or any cash equivalent; no substitutions or credits allowed. The monetary value
of any Offer Code will not be refunded or credited back if any or all of the products are
returned. Offer Codes may have expiration dates and We may decide to stop accepting
any Offer Codes or stop any promotion at any time in Our sole discretion. Offer Codes
are void if copied, transferred, sold, exchanged or expired and where prohibited. Offer can
be used multiple times within the offer period. The Offer cannot be used in conjunction with
any other Offer discounts. Requests not complying with all terms and conditions of the Offer
Codes will not be honoured.
GIFT CARDS
NectarSleep Ltd E-Gift Cards
- You can redeem the Nectar e-gift card on www.nectarsleep.co.uk as part or full
payment for any Nectar products
- The gift card will expire 12 months from issue
- Nectar Gift Cards are not currently available for purchase
- E-Gift cards cannot be exchanged for cash. We do not give change or refunds on e-gift
cards.
- If you are using a e-gift card online and the total order value is less than the value
of the card, any balance will remain on the card and can be applied to future
purchases, provided that the e-gift card has not expired.
- If you return goods you have purchased online using an e-gift card, we'll credit monies
owing to a new e-gift card. This does not affect your statutory rights.
- We reserve the right to refuse to accept an e-gift card which we deem to be tampered
with, duplicated or which otherwise is suspected to be affected by fraud.
- We reserve the right to amend the e-gift card terms and conditions occasionally, where
we consider it reasonable and necessary.
- The e-gift card balance cannot be applied to a previous completed purchase.
NECTAR FINAL SALE CONDITIONS
- We will refund you the agreed percentage of your original mattress purchase price, back
to your original payment method
- Once the refund has been processed, You will then become the owner of the Nectar
mattress
- Your 365 Night Trial will end and we will no longer accept a return request for this
item
- You remain covered by our Forever Warranty as long as the mattress has remained in
your possession
PRIVACY POLICY.
We respect the information that You provide to Us, and want to be sure You fully understand
exactly how We use that information. So, please review Our Privacy Policy available at
www.nectarsleep.co.uk/privacypolicy (“Privacy Policy”) which explains everything.
LINKS TO THIRD-PARTY SITES.
We think links are convenient, and We sometimes provide links on his Website to third-party
websites. If You use these links, You will leave this Website. We are not obligated to
review any third-party websites that You link to from this Website, We do not control any of
the third-party websites, and We are not responsible for any of the third-party websites (or
the products, services, or content available through any of them). Thus, We do not endorse
or make any representations about such third-party websites, any information, software,
products, services, or materials found there or any results that may be obtained from using
them. If You decide to access any of the third-party websites linked to from this Website,
You do this entirely at Your own risk and You must follow the privacy policies and terms and
conditions for those third-party websites.
SUBMISSIONS.
Certain areas of this Website (e.g. customer ratings and review areas) may permit You to
submit feedback, information, data, text, software, messages, or other materials (each, a
“User Submission”). You agree that You are solely responsible for all of Your User
Submissions and that any such User Submission is considered both non-confidential and
non-proprietary. Further, We do not guarantee that You will be able to edit or delete
any User Submission You have submitted.
By submitting any User Submission, You are promising Us that:
- You own all rights in Your User Submissions (including, without limitation, all rights
to the reproduction and display of Your User Submissions) or, alternatively, You have
acquired all necessary rights in Your User Submissions to enable You to grant to Us the
rights in Your User Submissions as described in these Terms;
- You have paid and will pay in full all license fees, clearance fees, and other financial
obligations, of any kind, arising from any use or commercial exploitation of Your User
Submissions;
- Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or
other intellectual property rights, privacy rights, or any other legal or moral rights of
any third party;
- You voluntarily agree to waive all “moral rights” that You may have in Your User
Submission;
- Any information contained in Your User Submission is not known by You to be false,
inaccurate, or misleading;
- Your User Submission does not violate any law (including, but not limited to, those
governing export control, consumer protection, unfair competition, anti-discrimination, or
false advertising);
- Your User Submission is not, and may not reasonably be considered to be, defamatory,
libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive,
unlawfully threatening, or unlawfully harassing to any individual, partnership, or
corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
- You were not and will not be compensated or granted any consideration by any third party
for submitting Your User Submission;
- Your User Submission does not incorporate materials from a third-party website, or
addresses, email addresses, contact information, or phone numbers (other than Your own);
- Your User Submission does not contain any viruses, worms, spyware, adware, or other
potentially damaging programs or files;
- Your User Submission does not contain any information that You consider confidential,
proprietary, or personal; and
- Your User Submission does not contain or constitute any unsolicited or unauthorised
advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or
any other form of solicitation.
By submitting a User Submission, You grant to Us an irrevocable, perpetual, transferable,
non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple
tiers) to:
- Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and
publicly display Your User Submissions (or any modification thereto), in whole or in part,
in any format or medium now known or later developed;
- Use (and permit others to use) Your User Submission in any manner and for any purpose
(including, without limitation, commercial purposes) that We deem appropriate in Our sole
discretion (including, without limitation, to incorporate Your User Submission or any
modification thereto, in whole or in part, into any technology, product, or service);
- Display advertisements in connection with Your User Submissions and to use Your User
Submissions for advertising and promotional purposes.
We may, but are not obligated to, pre-screen User Submissions or monitor any area of this
Website through which User Submissions may be submitted. We are not required to host,
display, or distribute any User Submissions on or through this Website and may remove at any
time or refuse any User Submissions for any reason. We are not responsible for any loss,
theft, or damage of any kind to any User Submissions. Further, You agree that We may freely
disclose Your User Submission to any third party absent any obligation of confidence on the
part of the recipient.
UNAUTHORISED ACTIVITIES.
To be clear, We authorise Your use of this Website only for Permitted Purposes. Any
other use of this Website beyond the Permitted Purposes is prohibited and, therefore,
constitutes unauthorised use of this Website. This is because as between You and Us,
all rights in this Website remain Our property.
Unless You have written permission from Us stating otherwise, You are not authorised to use
this Website in any of the following ways (these are examples only and the list below is not
a complete list of everything that You are not permitted to do):
- For any public or commercial purpose which includes use of this Website on another site
or through a networked computer environment;
- In a manner that modifies, publicly displays, publicly performs, reproduces or
distributes any of this Website;
- In a manner that violates any local, state, national, foreign, or international statute,
regulation, rule, order, treaty, or other law;
- To stalk, harass, or harm another individual;
- To impersonate any person or entity or otherwise misrepresent Your affiliation with a
person or entity;
- To interfere with or disrupt this Website or servers or networks connected to this
Website;
- To use any data mining, robots, or similar data gathering or extraction methods in
connection with this Website; or
- Attempt to gain unauthorised access to any portion of this Website or any other
accounts, computer systems, or networks connected to this Website, whether through
hacking, password mining, or any other means.
PROPRIETARY RIGHTS.
“Nectar Sleep” is a trademark that belongs to Resident Home LLC. Other
trademarks, names and logos on this Website are the property of their respective owners.
Unless otherwise specified in these Terms, all Materials, including the arrangement of them
on this Website are Our sole property, Copyright © 2019 Nectar Sleep Limited. All
rights not expressly granted herein are reserved. Except as otherwise required or
limited by applicable law, any reproduction, distribution, modification, retransmission, or
publication of any copyrighted material is strictly prohibited without the express written
consent of the copyright owner or license.
INTELLECTUAL PROPERTY INFRINGEMENT.
All intellectual property rights in any content of the Website (including text, graphics,
software, photographs and other images, videos, sound, trade marks and logos) are owned by
Us or Our licensors. Except as expressly set out here, nothing in these terms gives you any
rights in respect of any intellectual property owned by Us or our licensors and you
acknowledge that you do not acquire any ownership rights by downloading content from the
Website. In the event you print off, copy or store pages from the Website (only as permitted
by these terms), you must ensure that any copyright, trade mark or other intellectual
property right notices contained in the original content are reproduced.
OUR LIABILITY
Nothing in these terms shall limit or exclude Our liability to you:
- for death or personal injury caused by our negligence;
- for fraudulent misrepresentation;
- for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may
not be limited or excluded;
- under Part I of the Consumer Protection Act 1987; or
- for any other liability that, by law, may not be limited or excluded.
Subject to this, if you are a consumer and not a business customer, in no event shall We be
liable to you for any business losses , and if you are a business customer, in no event
shall We be liable to you for any indirect or consequential losses, or for any loss of
profit, revenue, contracts, data, goodwill or other similar losses, and any liability We do
have for losses you suffer arising from any contract shall not exceed the purchase price of
the relevant product(s) and is strictly limited to losses that were reasonably foreseeable.
Losses are foreseeable where they could be contemplated by you and Us at the time your order
is accepted by Us.
We will not be liable or responsible for any failure to perform, or delay in performance
of, any of our obligations under any contract that is caused by events outside our
reasonable control.
FEEDBACK.
Any submissions by You to Us (e.g., comments, questions, suggestions, materials –
collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will
be treated as both non-confidential and non-proprietary. You hereby assign all right,
title, and interest in, and We are free to use, without any attribution or compensation to
You, any ideas, know-how, concepts, techniques, or other intellectual property and
proprietary rights contained in the Feedback, whether or not patentable, for any purpose
whatsoever, including but not limited to, developing, manufacturing, having manufactured,
licensing, marketing, and selling, directly or indirectly, products and services using such
Feedback. You understand and agree that We are not obligated to use, display,
reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the
Feedback, and You have no right to compel such use, display, reproduction, or distribution.
CONTACT US.
If You have any questions about these Terms or otherwise need to contact Us for any reason,
You can reach Us at by phone at or by email at hello@nectarsleep.co.uk
Updated 03/03/2021
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